In what circumstances will a plaintiff be liable for failing to look closely at the position of a car before turning in front of the car?

Saskatchewan, Canada


The following excerpt is from Carleton v. City of Regina, 1912 CanLII 153 (SK QB):

In Danger v. London Street Hallway, 30 O.R. 493, the plaintiff, who was driving a horse along the same street and in the same direction in which a car was going, turned in front of the car to cross the rails without first looking or listening to ascertain the position of the car. A wheel of his vehicle was struck by the car, and he was injured. In an action for damages, it was held that he was not entitled to recover, as the accident was caused: by his own negligence in not looking to see how close the car was before attempting to cross.

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